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22 U.S.C. § 286ggElimination of trade restrictions

submitted 81 years ago by Pub. L. 98-181 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 540 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury Secretary must direct U.S. directors at the World Bank, other development banks, and the IMF to push financial-assistance policies that reduce trade barriers and unfair trade practices. Before granting aid, these institutions should get borrowing countries to agree to drop unfair trade practices the U.S. Trade Representative has flagged. The Secretary must also weigh a country's progress on this and report to Congress when the U.S. still backs a country that has not met its targets.

(a) Promotion of fair trade as financial assistance policy (1) The Secretary of the Treasury must instruct the United States Executive Director at each multilateral development bank ("the banks") and at the IMF ("the Fund") to start wide consultations with their managing directors and other directors. The goal is to develop financial assistance policies that, as much as possible: (A) reduce barriers to and restrictions on international trade and investment in goods and services; (B) eliminate unfair trade and investment practices; and (C) promote mutually beneficial economic relations. (2) The Secretary must work closely with the Trade Policy Committee on this effort. (3) The Secretary must also instruct the U.S. Executive Directors to encourage close cooperation between bank/Fund staff and the Secretariat of the World Trade Organization. (b) Agreement to eliminate unfair trade practices as a condition of financial assistance (1) Before the banks or Fund give financial assistance to any country, the Secretary must instruct the U.S. Executive Directors to work to get that country's agreement to eliminate unfair trade and investment practices — in a way consistent with the country's balance-of-payments program. This applies to practices the U.S. Trade Representative, after consulting the Trade Policy Committee, has found to significantly harm the international trading system. (2) Such unfair practices include: (A) predatory export subsidies for agricultural goods; (B) other export subsidies, like government-subsidized below-market financing; (C) unreasonable import restrictions; (D) trade-related performance requirements imposed on foreign investment; and (E) practices inconsistent with international agreements. (c) United States position on loan and drawing requests (1) When deciding the U.S. position on a country's request for loans or periodic drawings from the banks and Fund, the Secretary must fully consider how much progress that country has made toward eliminating the unfair practices in subsection (b). (2) If the United States supports a loan or drawing request for a country that has not met its targets under subsection (b), the Secretary must report the reasons to the appropriate congressional committees. (d) "Multilateral development banks" defined For this section, "multilateral development banks" means the International Bank for Reconstruction and Development, the Inter-American Development Bank, the African Development Bank, and the Asian Development Bank.
the actual law source: uscode.house.gov ↗public domain
(a) Promotion of fair trade as financial assistance policy
(1)

The Secretary of the Treasury shall instruct the United States Executive Director of each of the multilateral development banks (in this section referred to as the “banks”) and of the Fund to initiate a wide consultation with the Managing Director of each of the banks and of the Fund and the other directors of the banks and of the Fund with regard to the development of financial assistance policies which, to the maximum feasible extent—

(A)

reduce obstacles to and restrictions upon international trade and investment in goods and services;

(B)

eliminate unfair trade and investment practices; and

(C)

promote mutually advantageous economic relations.

(2)

The Secretary of the Treasury shall work closely in this effort with the Trade Policy Committee.

(3)

As part of this effort, the Secretary of the Treasury shall also instruct the United States Executive Director of each of the banks and of the Fund to encourage close cooperation between their staff and the Secretariat of the World Trade Organization (as the term “World Trade Organization” is defined in section 3501(8) of title 19).

(b) Agreement to eliminate unfair trade practices as condition of financial assistance
(1)

The Secretary of the Treasury shall instruct the United States Executive Director of each of the banks and of the Fund, prior to the extension to any country of financial assistance by the banks and by the Fund, to work to have the banks and the Fund obtain the agreement of such country to eliminate, in a manner consistent with its balance of payments adjustment program, unfair trade and investment practices with respect to goods and services which the United States Trade Representative, after consultation with the Trade Policy Committee, has determined to have a significant deleterious effect on the international trading system.

(2)

Such practices include—

(A)

the provision of predatory export subsidies, employed in connection with the exporting of agricultural commodities and products thereof to foreign countries;

(B)

the provision of other export subsidies, such as government subsidized below-market interest rate financing for commodities or manufactured goods;

(C)

unreasonable import restrictions;

(D)

the imposition of trade-related performance requirements on foreign investment; and

(E)

practices which are inconsistent with international agreements.

(c) United States position on requests for loans or drawing under bank and Fund programs; progress made in eliminating unfair trade practices
(1)

In determining the United States position on requests for loans or periodic drawing under bank and Fund programs, the Secretary of the Treasury shall take full account of the progress countries have made in achieving targets for eliminating or phasing out the practices referred to in subsection (b) of this section.

(2)

In the event that the United States supports a request for loans or drawing by a country that has not achieved the bank and Fund targets relating to such practices specified in its program, the Secretary of the Treasury shall report to the appropriate committees of the Congress the reasons for the United States position.

(d) “Multilateral development banks” defined

For purposes of this section, the term “multilateral development banks” means the International Bank for Reconstruction and Development, the Inter-American Development Bank, the African Development Bank, and the Asian Development Bank.

Source credit: (July 31, 1945, ch. 339, § 49, as added Pub. L. 98–181, title I [title VIII, § 812], Nov. 30, 1983, 97 Stat. 1275; amended Pub. L. 99–500, § 101(f) [title V, § 555], Oct. 18, 1986, 100 Stat. 1783–213, 1783–240, and Pub. L. 99–591, § 101(f) [title V, § 555], Oct. 30, 1986, 100 Stat. 3341–214, 3341–240; Pub. L. 106–36, title I, § 1002(c), June 25, 1999, 113 Stat. 133.)

history & why it existsrecord from the source credit
  • 1945Enacted · Pub. L. 98-181 · 97 Stat. 1275
  • 1986Amended · Pub. L. 99-500 · 100 Stat. 1783
  • 1999Amended · Pub. L. 106-36 · 113 Stat. 133

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-181 on 1945-07-31.

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